Appellate Circuit

Judge Edith Jones of the Court of Appeals for the Fifth Circuit Dissents – from Her Own Opinion

It’s not uncommon for judges to write separate concurrences to their own majority opinions but we’ve not seen a judge write a dissent from their own opinion.

Federal Judge Dissents From… Her Own Opinion
Clearly a lot of animosity between the majority author and herself.

By Joe Patrice
Jun 2, 2020

JONES, EDITH H.

SMITH, JERRY E.

HAYNES, CATHARINA

Judge Edith Jones of the Fifth Circuit appears to be having a bit of an identity crisis.

In Stratta & Fazzino v. Roe et al., Judge Jones wrote for the majority in holding that the district court erred in dismissing the claims of landowners against a government body for allegedly stealing groundwater. One claim that the Judge Jones-authored opinion blessed as correctly dismissed was a First Amendment claim raised by one of the landowners, who is also a member of the Board of the defendant agency, over not being allowed to raise his complaints at a public meeting. And Judge Jones does not agree at all with what Judge Jones wrote:

I respectfully dissent from the majority’s conclusion that Stratta was not permitted under § 551.042(a)-(b) to inquire about a new subject for the limited purpose of placing that subject on the agenda for a subsequent meeting.

Now… obviously what went down here is that something changed between the beginning of the drafting process and the final publication of the opinion. But that’s usually when courts issue a per curiam opinion and just call it a day. What’s the value in keeping your name on an opinion that you’re going to dissent from anyway?

But the important thing is that the federal judiciary is keeping the law as straightforward and easy to decipher as possible, am I right?

Judge Edith Jones of the Court of Appeals for the Fifth Circuit Dissents – from Her Own Opinion
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Laws In Texas is a blog about the Financial Crisis and how the banks and government are colluding against the citizens and homeowners of the State of Texas and relying on a system of #FakeDocs and post-crisis legal precedents, specially created by the Court of Appeals for the Fifth Circuit to foreclose on homeowners around this great State. We are not lawyers. We do not offer legal advice. We are citizens of the State of Texas who have spent a decade in the court system in Texas and have been party to during this period to the good, the bad and the very ugly.

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